Human rights bodies statements on private education September 2014 –

November 2017 Synthesis paper – version 9 – November 2017

The UN Committee on the Rights of the Child (CRC), the UN Committee on Economic, Social and

Cultural Rights (CESCR), the UN Committee on the Elimination of all forms of Discrimination

Against Women (CEDAW) and the African Commission on Human and Peoples’ Rights (ACHPR)

have addressed the issue of the role of private actors in education at least 29 times in 16 States in

the last three years. These institutions, known as treaty bodies, are established by various

international and regional treaties. Their recommendations add to more than 60 other concluding

observations previously issued by these committees on the topic (the full list will be published at

a later date). Concluding observations are remarks and recommendations given by a treaty body

after the periodic review of a State Party. They are quasi-legal interpretations of how the human

rights obligations of a State should be interpreted and applied.

The concluding observations clearly reflect the trend of the growth of unregulated private

providers of education that the Global Initiative for Economic, Social and Cultural Rights and other

organisations have been researching. It also demonstrates the growing concerns raised by human

rights experts regarding the impact this trend has on the right to education as protected under the

four treaties monitored by these committees. As a response, the committees have made at least

ten types of recommendations focusing on monitoring, regulating, and addressing the impacts:

1. “Assess and address the consequences of the rapid development of private education in

the State party and its impact on the full realization of children’s right to education”

(CRC, Ghana)

2. “Take all possible means to eliminate the disparities that exist between private and

public schools” (CESCR, Chile) or “ensure that the significant increase in private

education does not lead to growing inequality in access to good-quality education”

(CESCR, Morocco)

3. “Strengthen regulations and expand monitoring and oversight mechanisms for private

education institutions” (CESCR, Uganda), or “regulate and monitor the quality of

education provided by private informal schools in line with the Convention” (CRC,

Kenya), or ““Ensure that all schools, including the low-cost private schools, are

registered and monitor their compliance with the Implementing Rules and Regulations

of the Enhanced Basic Education Act of 2013 and the relevant guidelines” (CESCR,

Philippines), or “Establish a clear regulatory framework, under which all private

education providers are obliged to report regularly to designated public authorities on

their financial operations, in line with prescriptive regulations, covering matters such

as school fees and salaries, and to declare, in a fully transparent manner, that they are

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not engaged in for-profit education as recommended by the Special Rapporteur on

the right to education” (CRC, Brazil)

4. “Strengthen its public education sector, through including increasing the budget

allocated to primary and secondary education” (CESCR, Philippines), “assum[e] primary

responsibility for the provision of quality education to all children” (CESCR, Uganda), and

“increase its investment in public education to match the increasing enrolment, and

ensure the quality thereof, to avoid forcing parents to resort to private schools” (ACHPR,

Uganda)

5. “Ensure that teachers from the public sector contribute to the improvement of

education […] rather than being used by the private sector” (CRC, Morocco)

6. “Phase-out the transfer of public funds to the private education sector and review

its policies with regard to fiscal and tax incentives for enrolment in private

education institutions in order to ensure access to free quality education at all levels, in

particular nurseries and pre-schools, for all children by strictly prioritizing the public

education sector in the distribution of public funds” (CRC, Brazil) and “Review the

Education Service Contracting scheme” (CESCR, Philippines)

7. “Stop the purchase of standardized teaching and school management systems by

municipalities from private companies.” (CRC, Brazil)

8. “Prioritize free primary quality education at public schools over private schools

and informal low cost schools” (CRC, Kenya)

9. “Ensure, in all free, semi-private and private schools, that education contributes to the

development of the fullest potential of every child, the development of respect for

human rights, the preparation of the child for responsible life in a free society and

the development of respect for the natural environment” (CRC, Chile)

10. “Ensure that its international development cooperation supports the recipient States

in guaranteeing the right to free compulsory primary education for all, by prioritizing

free and quality primary education in public schools, refraining from funding for-

profit private schools” (CRC, United Kingdom)

The list of the relevant statements – list of issues (list of written questions sent to States prior to

a State review) and concluding observations – made by the CRC, CESCR, CEDAW and ACHPR

since September 2014 are listed below, by countries in alphabetical order.

STATE BODY AND DOCUMENT

KEY EXTRACTS

1. Brazil CRC, Concluding observations: Brazil, CRC/C/OPAC/BRA/CO/1, paras. 75-76, 28 October 2015, http://bit.ly/2lV3jcb

75. The Committee is concerned about the increased involvement of the private sector in education, in particular:

(a) The high fees in private schools which exacerbate existing

structural discrimination in access to education and reinforce educational inequalities;

(b) The increase in public funding for the private education

sector, including to profit-oriented education institutions as well as in the form of fiscal and tax incentives for enrolment in private education and funding for nurseries, pre-school and special education institutions through public-private partnerships (“conveniamentos”); and,

(c) The increasing purchase by municipalities of

standardized teaching and school management systems

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from private companies, which include teaching and teacher training materials and school management packages which may not be adequately customised for effective use.

76. The Committee reminds the State party of its primary

responsibility for guaranteeing and regulating education and reiterates the importance of public investment in education. In this regard the Committee recommends that the State party take into consideration the recommendations made by the Special Rapporteur on the right to education (A/HRC/29/30) and establish a comprehensive framework of regulations for private education providers. The Committee further recommends that the State party:

(a) Establish a clear regulatory framework, under which all

private education providers are obliged to report regularly to designated public authorities on their financial operations, in line with prescriptive regulations, covering matters such as school fees and salaries, and to declare, in a fully transparent manner, that they are not engaged in for-profit education as recommended by the Special Rapporteur on the right to education (A/HRC/29/30, para. 125);

(b) Phase-out the transfer of public funds to the private education sector and review its policies with regard to fiscal and tax incentives for enrolment in private education institutions in order to ensure access to free quality education at all levels, in particular nurseries and pre-schools, for all children by strictly prioritizing the public education sector in the distribution of public funds; and,

(c) Stop the purchase of standardized teaching and school

management systems by municipalities from private companies.

2. Bhutan CRC Concluding Observations, CRC/C/BTN/CO/3-5, paras. 13(a), 38-39, 2 June 2017 http://bit.ly/2skeq4U

Children’s rights and the business sector 13. (a) Formulate and implement regulations to ensure that the

business sector, in particular private education providers and the tourism industry, complies with international and national human rights and labour standards with regard to children’s rights;

Education, including vocational training and guidance 38. The Committee welcomes the progress in reaching near universal

primary education enrolment and the adoption of the strategic document 10 Year Education Blueprint (2014- 2024). The Committee is however concerned about:

38. (a) The absence of an appropriate legal education framework, including to make primary education compulsory and to regulate private education providers, namely in terms of curriculum and teachers’ qualification;

39. The Committee recommends that the State party: (a) Adopt comprehensive legislation on the right to education, in

accordance with articles 28 and 29 of the Convention, which should make primary education compulsory and applicable to

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both public and private educational institutions; and should regulate private education providers in terms of the curriculum taught and the qualifications of the teachers employed;

3. Chile CESCR List of issues, E/C.12/CHL/Q/4, para. 24 22 Dec. 2014 http://bit.ly/1LBxJGc

24. Please also provide information on the reform of the education system under way in the State party. Report on any measures adopted to eliminate fee-paying and selective systems that restrict equitable access to education and indicate what concrete steps the State party has taken to reduce the inequality caused by the current education system.

4. Chile CESCR Concluding observations, E/C.12/CHL/CO/4, para. 30, 19 June 2015, http://bit.ly/1RWOPkD, para. 30.

30. The Committee welcomes the education reform undertaken by the State party and the efforts made to extend the coverage of primary education. However, it remains concerned that the lack of resources and, occasionally, the poor quality of public education continues to result in high levels of segregation and discrimination along socioeconomic lines, which has the effect of limiting social mobility in the State party (art. 13).

The Committee recommends that the State party should:

(a) Take the necessary measures to ensure that the reform of the education system eliminates all mechanisms that result in the discrimination and segregation of students based on their social or economic background and, inter alia, ensure the effective implementation of the Inclusive Education Act, which regulates school admissions, eliminates partial fee-paying and stipulates that educational establishments receiving State support must be non-profit-making;

(b) Take the necessary measures to eliminate the sharp disparities in quality of education that currently exist between private, subsidized and public schools and to ensure that all schools have adequate infrastructure and suitably trained teaching staff;

5. Chile CRC

List of issues, CRC/C/CHL/Q/4-5, para. 14 5 March 2015 http://bit.ly/1Lnc6eL

14. With regard to the current education reform bill, please indicate how the authorities intend to put an end to segregation in the education system and guarantee the right to equality and non-discrimination in terms of access to education and within schools. Please indicate whether there are plans to abandon the voucher system and the student selection process in all public, subsidized and private schools.

6. Chile CRC, Concluding observations, CRC/C/CHL/CO/4-5, paras. 67 – 68 and 69 – 70, 15 October 2015, http://bit.ly/1

67. The Committee notes law No. 20845 on educational inclusion, regulating the admission of students, removing mixed funding and prohibiting profit in educational establishments receiving State funding. However, the Committee is concerned about:

(a) The high level of segregation in the school system, the

differences in the quality of education, the still limited coverage of rural areas and the deterioration of the material conditions in public educational institutions;

[…]

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XRUqg8, paras. 67-69.

(d) The absence of a regulatory and monitoring framework regarding private educational establishments.

68. The Committee recommends that the State party: (a) Promptly take measures to decrease segregation and to

promote an egalitarian and inclusive educational system, prohibiting all schools, independently of the source of funding, public or private, to select students on arbitrary criteria or socio-economic background;

(b) Emphasize the quality of education and accelerate the allocation of increased targeted resources to education, in particular in free public schools;

(c) Provide quality training for teachers, and dedicate resources

to improve adequate and accessible infrastructure;

(d) Increase efforts to improve conditions in schools in remote and rural areas and eliminate disparities in access to quality education between urban and rural areas;

[…] (g) Promote the development of competencies, instances and

procedures for children at the school level for the peaceful resolution of conflicts, in particular those of a political nature;

(h) Develop and implement a regulatory and monitoring framework for the private educational sector ensuring respect for the principle of non-discrimination and promoting inclusion and respect for diversity;

Aims of education

69. The Committee is concerned about education being strictly evaluated according to instrumental and cognitive standards and indicators, excluding values and attitudes such as equality of rights between men and women, development of empathy, respecting commitments, participation in democratic life and respect for the environment. In the light of its general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party ensure, in all free, semi-private and private schools, that education contributes to the development of the fullest potential of every child, the development of respect for human rights, the preparation of the child for responsible life in a free society and the development of respect for the natural environment.

7. France CESCR, Concluding observations, E/C.12/FRA/CO/4, paras. 7 – 8 and 11 , 24 June 2016,

7.The Committee finds it regrettable that the level of official development assistance provided by the State party falls short of the internationally agreed target of 0.7 per cent of gross national product (GNP). It notes with concern that the due diligence requirements in the sphere of operations involving the State party’s provision of development assistance, such as those relating to sustainable development and to the mitigation of environmental

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http://bit.ly/29sOrNG

and social risks, do not provide full protection for the rights enshrined in the Covenant (art. 2 (1)).

8. The Committee recommends that the State party redouble its efforts to raise the amount of development assistance which it provides to the internationally agreed level of 0.7 per cent of GNP. It also recommends that the State party develop robust methodological tools for analysing the impact that operations funded by development agencies have on the enjoyment of Covenant rights. In addition, it recommends that the State party include the Covenant in the compliance assessment framework for those agencies.

11. The Committee also urges the State party to take all possible steps to ensure that the decisions and policies adopted by the international organizations of which it is a member are in line with its obligations under the Covenant.

8. Ghana CRC

List of issues, CRC/C/GHA/Q/3-5, para. 14 , 10 October 2014, http://bit.ly/1TNeorh

14. Please provide detailed information on the reasons behind the increase in private education and the low quality of public education, including lack of teachers and teacher absenteeism, in the State party, limiting access to quality education for children who cannot afford private school tuitions.

9. Ghana CRC Concluding observations, CRC/C/GHA/CO/3-5, para. 57 – 58 (9 June 2015) http://bit.ly/1RwblzJ

57. […] The Committee is, however, concerned that the education system continues to face serious challenges, and is particularly concerned about: (f) Private education developing very quickly, without the

necessary supervision regarding the conditions of enrolment, the quality of education provided, and the transparency and efficiency in the management of education resources

58. In the light of its general comment No. 1 (2001) on the aims of

education, the Committee recommends that the State party: (h) Assess and address the consequences of the rapid

development of private education in the State party and its impact on the full realization of children’s right to education in accordance with the Convention and ensure the effective and efficient regulation and monitoring of private education providers, through the Private School Desk within the Ghana Education Service.

10. Ghana CEDAW Concluding observations, CEDAW/C/GHA/CO/6-7, para. 32, 7 Nov. 2014, http://bit.ly/1LnbTrY

32. However, the Committee remains concerned about: (e) The lack of education facilities and of qualified teaching

professionals, especially in rural areas, and the trend towards privatisation of education and the priority given to schooling of boys over girls, especially in rural areas.

11. Haiti CRC, Concluding

Education, including vocational training and guidance

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observations: Haiti, CRC/C/HTI/CO/2-3, 29 January 2016, http://bit.ly/1TIaPTM , paras. 58-59.

58. The Committee welcomes the measures adopted in the context of the policy of mass education. It is, however, concerned that efforts remain largely insufficient and that only a limited number of the targets of the Operational Plan have been achieved. While welcoming efforts made, the Committee is also deeply concerned that a significant number of children still do not have access to education, in particular children in street situations, children with disabilities, children in conflict with the law, children in remote areas, children engaged in labour, internally displaced children and children who have been expelled from the Dominican Republic. It also notes with concern that:

(a) The later children enter schooling, the shorter they benefit

from the Programme for Free Compulsory Universal Education (PSUGO), which aims at providing education for children between 6 and twelve years of age;

(b) Disparities remain in access to education between girls and boys and in particular between rural and urban areas;

(c) Pregnant girls, young mothers and rape victims are frequently forced or pressurized to drop out of school;

(d) Educational infrastructure is poor, schools are poorly equipped, particularly in rural and remote areas, few teachers are adequately qualified, and salaries are not regularly paid, leading to frequent cancellation of classes;

(f) The education sector is dominated by private schools, which are often not officially authorized and monitored by the authorities and charge high fees exacerbating existing structural discrimination in the access to education, particularly affecting children in poverty;

(g) “Ghost schools” have mismanaged funds received in the context of PSUGO;

(h) The Office National pour le Partenariat en Education (ONAPE), supposed to improve the public-private partnership is not operative.

59. The Committee reminds the State party its primary

responsibility for guaranteeing and regulating education and urges the State party to provide for free access to primary education and to take all necessary measures to guarantee access to education for children in vulnerable situations. It also recommends that the State party:

(…) (c) Increase the budget allocated to education, rehabilitate the

infrastructure of the educational system, including by building additional schools, ensuring that schools are adequately equipped;

(d) Ensure that teachers are adequately qualified, expand and improve both pre-service and in-service teacher training, and provide adequate salaries for teachers paid in a timely manner;

(e) Establish a comprehensive regulatory framework for and regularly monitor private education providers, to ensure that they comply with quality standards, regularly report on their financial operations to relevant authorities, including on

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school fees and salaries, and that they do not engage in for-profit education;

(f) Ensure that public-private partnerships do not impede access to quality education for all children and guarantee that they do not serve private interests or entail any form of commercialization of education.

12. Kenya CESCR

List of issues, E/C.12/KEN/Q/2-5, para. 30 16 October 2015 http://bit.ly/1N1Sq1C

30. Please provide information on the measures taken to increase the number of public primary schools and enhance the quality of public schools, particularly in informal settlements and remote rural areas since the introduction of the free primary education policy. Please explain how the State party has regulated and monitored” informal private schools (or low-cost private schools)” to ensure quality education.”

13. Kenya CESCR, Concluding observations, E/C.12/KEN/CO/2-5, paras. 57-58, 4 March 2016, http://bit.ly/1pbiMFP, paras. 57-58.

57. The Committee is concerned that the State party has not dedicated sufficient resources to finance school facilities and qualified teachers, to ensure effective enjoyment of the right to free primary education for all. It is also concerned that inadequacies in the public schooling system have led to the proliferation of so-called “low-cost private schools” which has led to segregation or discriminatory access to education particularly for disadvantaged and marginalized children, including children living in informal settlements and arid and semi-arid areas (arts. 13 and 14).

58. Recalling that the State has the primary responsibility in ensuring

to right to education, the Committee recommends that the State party take all necessary measures to strengthen its public education sector. The State party should increase the budgetary allocation to primary education and take all necessary measures to improve the access to and quality of primary education for all without hidden costs, particularly for children living in informal settlements and arid and semi-arid areas. It also recommends that the State party bring the Registration Guidelines for Alternative Provision of Basic Education and Training in line with Articles 13 and 14 of the Covenant and other relevant international standards; that it ensure that all schools, public, private, formal or non-formal, are registered; and that it monitor their compliance with the guidelines.

14. Kenya CRC

Concluding observations, CRC/C/KEN/CO/3-5, paras. 56 – 57, 2 February 2016, http://bit.ly/1SNEIRX

56. The Committee welcomes the increase in enrolment and completion rates at primary and secondary education. However, the Committee is concerned about:

… (d) Low quality of education and rapid increase of private and

informal schools, including those funded by foreign development aids, providing sub-standard education and deepening inequalities.

57. With reference to the Committee’s general comment No. 1 (2001)

on the aims of education, the Committee:

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… (b) Guarantee the legal right to free mandatory education for

all, without direct or hidden costs, including non-Kenyan citizens such as in particular refugee children. In doing so, prioritize free primary quality education at public schools over private schools and informal low cost schools and regulate and monitor the quality of education provided by private informal schools in line with the Convention;

15. Kenya ACHPR, Concluding Observations & Recommendations on the Combined 8th – 11th Periodic Report of the Republic of Kenya (2008 – 2014) http://bit.ly/2AoANGi

37. The Commission is concerned about: … v. lack of monitoring and effective regulation of private school

chains, such as Bridge International Academies that register as non-formal schools, whereas they appear to offer formal education.

53. Kenya should: … v. ensure monitoring of Bridge International Academies regarding

their system and methods of education.

16. Morocco CESCR List of issues, E/C.12/MAR/Q/4, para. 25 19 March 2015 http://bit.ly/1dgcJce

25. Please provide information on the establishment of private schools and the impact that privatization would have on the education system, in particular to prevent school dropout, to combat inequalities in access to education and to ensure full application of the principle of compulsory and free primary education for all.

17. Morocco CESCR, Concluding observations, E/C.12/MAR/CO/4, paras. 47-48, 22 October 2015, http://bit.ly/1UvMlPh

47. Le Comité s’inquiète de l’ampleur de la privatisation de l'éducation, qui peut conduire à une forme de ségrégation avec une éducation de qualité réservée seulement à ceux qui peuvent payer une scolarisation privée d’élite.

“The Committee is concerned about the spread of private education, which could lead to a form of segregation, with good-quality education restricted to those who can pay for private, elite schooling” 48. Le Comité demande instamment à l'État partie de prendre des

mesures additionnelles pour […] pour éviter que l’importance croissante de l’enseignement privé se traduise par une inégalité croissante dans l’accès à un enseignement de qualité. »

“The Committee urges the State party to take additional measures to improve school enrolment rates among girls in rural areas and ensure that the significant increase in private education does not lead to growing inequality in access to good-quality education.”

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18. Morocco CRC, Concluding Observations, CRC/C/MAR/CO/3-4, paras. 60 – 61, 19 Sept. 2014, http://bit.ly/1fAXKvb

60. The Committee is however concerned that the education system continues to face serious challenges. The Committee is particularly concerned that:

(c) The lack of transparency and efficiency in the management of

education resources reportedly leads to the effective use of only two thirds of the resources to improve the education system;

(d) Private education is developing very quickly, especially at primary level without the necessary supervision regarding the conditions of enrolment and the quality of education provided, which has led to the reinforcement of inequalities in the enjoyment of the right to education as well as teachers increasingly engaging in private lessons in public schools and giving priority to the work they undertake in private schools;

61. The Committee recommends that the State party:

(b) Conduct a proper assessment of the shortcomings of the Emergency Plan 2009-2012 and on the basis of the lessons learned adopt all necessary measures to ensure an effective and efficient utilization and control of the financial resources allocated to the education system;

(c) Assess and address the consequences of the rapid

development of private education in the State party and ensure that teachers from the public sector contribute to the improvement of education in Morocco rather than being used by the private sector by effectively enforcing Ministerial Circular No. 109 of 3 September 2008;

19. The

Netherlands

CESCR Concluding Observations, E/C.12/NLD/CO/6, paras. 9-10, 23 June 2017, http://bit.ly/2spgHqZ

International development cooperation 9. The Committee expresses concern over the decline in the level of

the State party’s official development assistance, which fell below the internationally agreed commitment of 0.7 per cent of gross national income (GNI) in 2013 and has continued to decrease and that human rights impact assessments are not systematically carried out (art. 2 (1)).

10. The Committee calls upon the State party to progressively increase

its ODA to 0.7 per cent of GNI and to pursue a human rights–based approach, including human rights impact assessments, in its development cooperation policy.

20. Nepal CRC Concluding observations, CRC/C/NPL/CO/3-5, paras 57-58, 3 June 2016, http://bit.ly/1XV2Rue

57. […] The Committee is concerned about: (b) Decreases in the proportion of the budget allocated to

State provided education combined with the emergence of private schools, which exacerbates segregation and discrimination in the education system while reducing overall quality of education available to children.

58. […] The Committee recommends that the State party:

(c) Take appropriate regulatory measures to ensure that private providers of education do not undermine social cohesion, or exacerbate segregation and discrimination, in

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particular by effectively regulating fees, syllabus, admission criteria and diversity of student backgrounds, and other barriers to access, and ensure the adequate implementation of the legislation, as well as ensure child friendly school infrastructure in private schools.

21. Pakistan CRC

Concluding Observations, CRC/C/PAK/CO/5, paras. 61-62, 3 June 2016, http://bit.ly/1tkshor

61. […] The Committee is concerned about: (h) Privatisation of education with a lack of measures to ensure

the compliance of private schools with minimum educational standards, curriculum requirements and qualification for teachers.

62. […] The Committee recommends that the State party: (g) Prevent privatization of schools and establish

mechanisms to monitor the compliance of private schools with minimum educational standards, curriculum requirements and qualification for teachers.

22. Pakistan CESCR Concluding Observations, E/C.12/PAK/CO/1, paras. 81-82 23 June 2017, http://bit.ly/2skez8H

Privatization of education 81. The Committee notes that the State party is conducting the Basic Education Community Schools Programme (BECS) and that under this programme the number of so-called “low-fee” private schools has been drastically increasing throughout the country in the form of public-private partnership initiatives. It also notes the information provided by the State party that the cost-benefit ratio of BECS projects is higher than that of formal primary schools of the government. The Committee, however, is concerned at: (a) The absence of proper assessments of the impact of the BECS and the public-private partnership initiatives on the right to education prior to their adoption as well as of their effectiveness in realizing the right to education since their adoption; (b) The lack of effective regulation by the State party, at federal and provincial levels, of these low-fee private schools; (c) The reportedly poor quality of education and teachers of these schools; (d) The very high non-fee expenses of these schools, amounting to about a quarter of household income per student, which disproportionately impedes girls’ access to education; (e) The reinforcement of the social segregation in education by this privatization of education, in which high income families send their children to high quality private schools, while low income families have to send their children to underfunded public primary schools or to BECS schools not properly monitored by the State party (arts. 13 and 14). 82. The Committee recalls the State party that before starting a privatization process, a thorough human rights impact assessment would be necessary to live up to their legal obligation to progressively realize the right to education. The Committee recommends that the State party: (a) Carry out an assessment of the impact of public-private partnership initiatives based on a human rights perspective and the effectiveness of low-fee private schools in meeting the State party’s obligation under the Covenant; (b) Strengthen the regulations on these schools and ensure their strict enforcement;

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(c) Improve the quality of education provided by these schools; (d) Ensure that no children drop out of school for not being able to pay the non-fee expenses; (e) Progressively eliminate social segregation in the education system by ensuring an education of equal quality to all children in all public and private schools.

23. Philippines

CRC, Concluding Observations, E/C.12/PHL/CO/5-6, paras. 55 – 56, 7 October 2016, http://bit.ly/2dhMWp7

55. While welcoming the important step achieved by the Enhanced Basic Education Act of 2013, the Committee is concerned that:

(a) The insufficient level of resources dedicated by the State party to financing school facilities and qualified teachers, and to ensuring the effective enjoyment of the right to free primary and secondary education for all;

(b) The proliferation of so-called “low-cost private schools” at the primary and secondary level owing to inadequacies in the public school system, which have being expanded to the senior-high school level through the Senior-High School Voucher Programme; (c) The low-quality of education provided by these private schools, the top-up fees to cover the full cost of private education imposed on parents, and the lack of regulation by State authorities of these schools, which have led to the segregation or discriminatory access to education, particularly for disadvantaged and marginalized children, including children living in rural areas; […]

56. Recalling that the State has the primary responsibility in ensuring the right to education, the Committee recommends that the State party take all the measures necessary to:

(a) Strengthen its public education sector, through including increasing the budget allocated to primary and secondary education, with a view to improving access to and the quality of primary and secondary education for all, without hidden costs, particularly for children of low income families and children living in the rural areas;

(b) Ensure that all schools, including the low-cost private schools, are registered and monitor their compliance with the Implementing Rules and Regulations of the Enhanced Basic Education Act of 2013 and the relevant guidelines;

(c) Review the Education Service Contracting scheme to address its adverse impacts on the right to education of disadvantaged and marginalized children and their parents;

24. Sri Lanka CESCR, Concluding Observations, E/C.12/LKA/CO/5, para. 63, 23 June 2017, http://bit.ly/2trTpWg

63. The Committee is concerned that, despite concerted efforts taken, regional disparities remain in school infrastructure, availability of water and electricity in educational institutions, deployment of trained educational personnel, curriculum contents, as well as with regard to transport of pupils. These disparities, lead to differences in access to and quality of education. The Committee is also concerned about the hidden financial costs of schooling, in particular donations for school admittance that constitute de facto bribes burdening low-income and underprivileged households with additional costs. It is furthermore concerned at the commodification of education.

25. Uganda CESCR, 32. Please also provide information on the impact the growth of private education in the State party has had on the right to education of girls and children living in poverty. Please also

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List of issues, E/C.12/UGA/Q/1, para. 32, 22 Dec. 2014, http://bit.ly/1QPVIbs

indicate steps taken to improve quality of education and qualifications and skills of teachers.

26. Uganda CESCR, Concluding observations, E/C.12/UGA/CO/1, para. 36 24 June 2015 http://bit.ly/1BK6OrO

36. The Committee also expresses concern at the: (c) Widening of the gap in access to quality education resulting

from the increase in the provision of private education and disproportionately affecting girls and children of low-income families;

Recalling its general comment No. 13 on right to education, the Committee recommends that the State party assumes primary responsibility for the provision of quality education to all children. To this end it should:

(b) Allocate sufficient resources to the education sector with a view to improving infrastructure of schools including sanitation, working conditions of teachers, and teaching materials;

(c) Strengthen regulations and expand monitoring and oversight mechanisms for private education institutions

27. Uganda ACHPR, Concluding Observations & Recommendations on the 5th Periodic State Report of the Republic of Uganda (2010 – 2012) http://bit.ly/1Y3HGmm

80. The increase in the establishment of private schools, which has been encouraged by the Government, allegedly raises the concern of the Government gradually releasing itself from the obligation to provide quality public education, which could result in discrimination against children from low-income households;

116. Increase its investment in public education to match the

increasing enrolment, and ensure the quality thereof, to avoid forcing parents to resort to private schools, as well as to regulate the quality of education being provided by private schools;

28. United Kingdom

CRC, Concluding observations: United Kingdom, CRC/C/GBR/CO/5, 3 June 2016, http://bit.ly/1OeyD1M, paras. 16-17.

1. In the context of international development cooperation, the Committee is concerned about the State party’s funding of low-fee, private and informal schools run by for-profit business enterprises in recipient States. Rapid increase in the number of such schools may contribute to sub-standard education, less investment in free and quality public schools, and deepened inequalities in the recipient countries, leaving behind children who cannot afford even low-fee schools.

2. The Committee recommends that the State party ensure that its international development cooperation supports the recipient States in guaranteeing the right to free compulsory primary education for all, by prioritizing free and quality primary education in public schools, refraining from funding for-profit private schools, and facilitating registration and regulation of private schools.

14

28. United Kingdom

CESCR, Concluding observations, E/C.12/GBR/CO/6, paras. 14–15, 24 June 2016, http://bit.ly/29tk8ZW

14. […] The Committee is particularly concerned about the financial support provided by the State party to private actors for low-cost and private education projects in developing countries, which may have contributed to undermine the quality of free public education and created segregation and discrimination among pupils and students (arts. 2, 13 and 14).

The Committee calls upon the State party to adopt a human rights-based approach in its international development cooperation, by:

(a) Undertaking a systematic and independent human rights impact assessment prior to decision-making on development cooperation projects;

(b) Establishing an effective monitoring mechanism to regularly assess the human rights impact of its policies and projects in the receiving countries and to take remedial measures when required;

(c) Ensuring that there is an accessible complaint mechanism for violations of economic, social and cultural rights in the receiving countries committed in the framework of development cooperation projects.

29. Zimbabwe

CRC, Concluding observations, CRC/C/ZWE/CO/2 , para. 69, 7 March 2016, http://bit.ly/1UZeHlH

69. In the light of its general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party continue to strengthen programmes and policies to ensure the accessibility of quality education for all children in Zimbabwe. In particular, the Committee urges the State party to:

[…] (e) Regulate both public and private educational institutions

through the setting of standards to ensure quality education and regularly monitor schools to assess the implementation of these standards;

Contact

• Sylvain Aubry, Legal and research advisor, Global Initiative for Economic, Social &

Cultural Rights – sylvain@globalinitiative-escr.org / +254 7 88 28 96 34

• Lucy McKernan, UN representative, Global Initiative for Economic, Social & Cultural

Rights lucy@globalinitiative-escr.org